Understanding the Table

Each state has multiple BAC thresholds that trigger different legal consequences:

• Standard (DUI/DWI) — The per-se legal limit for adult drivers. Driving at or above this BAC is illegal regardless of observed impairment.
• Under 21 (Zero Tolerance) — Most states set a near-zero limit for underage drivers. Any detectable alcohol can result in license suspension.
• Enhanced/Aggravated — A higher BAC threshold that triggers increased penalties: longer license suspension, mandatory jail time, higher fines, or felony charges.
• DWAI — Driving While Ability Impaired. Only Colorado (0.05%) and New York (0.07%) have a separate, lower offense category below the standard DUI limit.

All 50 States & DC

Data based on state statutes as of December 2025. All states also enforce a federal 0.04% limit for commercial vehicle drivers (CDL holders).

Key Differences Between States

Utah Stands Alone at 0.05%

Since December 2018, Utah has the lowest standard BAC limit in the nation at 0.05%. For a 160 lb male, that’s roughly 2 standard drinks in one hour. Every other state and DC uses 0.08%.

DWAI: Colorado & New York

Most states have a single threshold: you’re either DUI or you’re not. Colorado and New York are different — they have an intermediate offense called DWAI (Driving While Ability Impaired). In Colorado, you can be charged with DWAI at 0.05%, and in New York at 0.07%, even though the full DUI threshold is 0.08% in both states.

Enhanced Penalties Vary Widely

The BAC level that triggers enhanced (aggravated) DUI penalties ranges from 0.10% (New Jersey, Pennsylvania, Rhode Island) to 0.20% (DC, Idaho, Massachusetts, Tennessee). Higher penalties typically mean mandatory minimum jail time, longer license suspensions, and potential felony charges.

Zero Tolerance Means Different Things

All states have zero-tolerance laws for drivers under 21, but the actual threshold varies. Some states set it at true zero (0.00%), while most allow up to 0.02% to account for mouthwash, medication, and measurement error. California and New Jersey set theirs at 0.01%.

Implied Consent

All 50 states and DC have implied consent laws. By driving on public roads, you automatically consent to BAC testing (breath, blood, or urine) if lawfully arrested for suspected DUI. Refusing a test typically results in immediate license suspension — often for a longer period than a first-offense DUI.

Alcophone Has Your State Built In

When you set up Alcophone, you select your state. The app automatically applies your state’s legal limit to every BAC calculation, so your risk level and warnings are always calibrated to your local law — including Utah’s stricter 0.05% limit.